Promulgation of conviction in absentia
Section 6, Rule 120 of the Rules of Criminal Procedure pertinently
states:
As the rule expressly indicates, the
promulgation of the judgment of conviction may be done in absentia. The accused is allowed a period of 15 days from notice of the judgment to
him or his counsel within which to appeal; otherwise, the decision becomes
final.[1] The accused who fails to appear at the promulgation of the
judgment of conviction loses the remedies available under the Rules of
Court against the judgment, specifically: (a) the filing of a motion for
new trial or for reconsideration (Rule 121 ), and (b) an appeal from the
judgment of conviction (Rule 122). However, the Rules of
Court permits him to regain his standing in court in order to avail
himself of these remedies within 15 days from the date of promulgation of the
judgment conditioned upon: (a) his surrender; and (b) his filing of
a motion for leave of court to avail himself of the remedies, stating therein
the reason for his absence. Should the trial court find that his absence was
for a justifiable cause, he should be allowed to avail himself of the remedies
within 15 days from notice of the order finding his absence justified and
allowing him the available remedies from the judgment of conviction.[2]
Section 6. Promulgation of judgment. - The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court.
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In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel.
If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.
As the rule expressly indicates, the
promulgation of the judgment of conviction may be done in absentia. The accused is allowed a period of 15 days from notice of the judgment to
him or his counsel within which to appeal; otherwise, the decision becomes
final.[1] The accused who fails to appear at the promulgation of the
judgment of conviction loses the remedies available under the Rules of
Court against the judgment, specifically: (a) the filing of a motion for
new trial or for reconsideration (Rule 121 ), and (b) an appeal from the
judgment of conviction (Rule 122). However, the Rules of
Court permits him to regain his standing in court in order to avail
himself of these remedies within 15 days from the date of promulgation of the
judgment conditioned upon: (a) his surrender; and (b) his filing of
a motion for leave of court to avail himself of the remedies, stating therein
the reason for his absence. Should the trial court find that his absence was
for a justifiable cause, he should be allowed to avail himself of the remedies
within 15 days from notice of the order finding his absence justified and
allowing him the available remedies from the judgment of conviction.[2]
[1] Almuete v. People, G.R. No. 179611, March 12, 2013.
[2] Villena v. People, G.R. No. 184091, January 31, 2011.
